Cuen v. Granville et al
Filing
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ORDER denying without prejudice 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a completed Application to Proceed In F orma Pauperis and a certified six-month trust account statement. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal without prejudice. The Clerk of Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Senior Judge Robert C Broomfield on 10/18/12.(TLJ)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Joe Cuen,
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Plaintiff,
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vs.
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State of Arizona, et al.,
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Defendants.
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No. CV 12-1926-PHX-RCB (SPL)
ORDER
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Plaintiff Joe Cuen, who is confined in the Maricopa County Fourth Avenue Jail, has
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filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. Plaintiff has not paid the
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$350.00 civil action filing fee or filed a proper Application to Proceed In Forma Pauperis.
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The Court will give Plaintiff 30 days to pay the fee or file a completed Application to
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Proceed In Forma Pauperis.
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I.
Payment of Filing Fee
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When bringing an action, a prisoner must either pay the $350.00 filing fee in a lump
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sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally
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as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma pauperis requires
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an affidavit of indigence and a certified copy of the inmate’s trust account statement for the
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six months preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must
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submit statements from each institution where he was confined during the six-month period.
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Id. To assist prisoners in meeting these requirements, the Court requires use of a form
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application. LRCiv 3.4(a).
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If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an
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initial partial filing fee of 20% of either the average monthly deposits or the average monthly
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balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An initial
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partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4). The
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balance of the fee will be collected in monthly payments of 20% of the preceding month’s
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income credited to an inmate’s account, each time the amount in the account exceeds $10.00.
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28 U.S.C. § 1915(b)(2).
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II.
Application Fails to Comply With Statute
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Plaintiff has used the court-approved form, but he has failed to submit a completed
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“Certificate of Correctional Official as to Status of Applicant’s Trust Account” section and
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a certified six-month trust account statement. In light of this deficiency, Plaintiff will be
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permitted 30 days to either pay the $350.00 filing fee or file a complete Application to
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Proceed In Forma Pauperis.
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III.
Warnings
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A.
Address Changes
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Plaintiff must file and serve a notice of a change of address in accordance with Rule
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83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other
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relief with a notice of change of address. Failure to comply may result in dismissal of this
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action.
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B.
Copies
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Plaintiff must submit an additional copy of every filing for use by the Court. See
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LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice
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to Plaintiff.
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If Plaintiff fails to timely comply with every provision of this Order, including these
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C.
Possible Dismissal
warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,
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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to
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comply with any order of the Court).
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IT IS ORDERED:
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(1)
Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied
without prejudice.
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Within 30 days of the date this Order is filed, Plaintiff must either pay the
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$350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a
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certified six-month trust account statement.
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(3)
If Plaintiff fails to either pay the $350.00 filing fee or file a completed
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Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a
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judgment of dismissal of this action without prejudice and without further notice to Plaintiff.
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(4)
The Clerk of the Court must mail Plaintiff a court-approved form for filing
an Application to Proceed In Forma Pauperis (Non-Habeas).
DATED this 18th day of October, 2012.
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